SoWeSoft Terms and Conditions of Use

The purpose of these General Terms and Conditions of Use (GTCU) is to define the terms and conditions under which the services of the SoWeSoft solution are made available, and the conditions of access and use by the following categories of Users: 

• Trainers for collective training courses 
• Training participants 
• Software managers (administrators) 
• Human resources managers 
• RSA beneficiaries being monitored by the department, whether or not financed by the ESF 
• Departmental advisors responsible for supporting beneficiaries 
• Referrers from organisations outside the département responsible for supporting these beneficiaries. 

These GCU supplement the legal notices of the SoWeSoft solution and the notices relating to the processing of personal data. 

For the purposes of these General Terms and Conditions of Use, the terms below have the following definitions: 

• User: refers to any person who connects to and uses the Solution. 
• User ID and password: refers to all the information required to identify a User on the Solution. The establishment, identifier and password allow access to services reserved for categories of Users. The password is confidential. 
• Solution: refers to all the online services accessible 

• Funder: A public organization that finances training programs for job seekers, delivered by a Training Organization. The funder provides Training Organizations with a digital attendance tracking solution for collecting attendance records.

• Digital Attendance Tracking: A digital signing process that enables the validation of a person's presence or participation in an activity in a dematerialized manner.

The Solution can only be accessed via the Internet and requires prior connection to the said network at the Internet address communicated to the Customer. 

The Customer will be solely responsible for his/her connection to the Internet network and all associated costs, in particular telephone communications. 

There are two ways of accessing the Solution:  

• Via the WebApplication: https://app.sowesign.com/login  
• By downloading the application: https://www.sowesoft.com/acces-solutions#  

The Solution enables its users to access all the functionalities based on user rights defined and configured by a Customer administrator. A detailed description of the Solution's functionalities is available in the user guide provided following contractualisation. 

Access to and use of all the services of the Solution are subject to acceptance of these general conditions of use. They constitute the contract between the Solution and the User. 
In the event of non-acceptance of these general conditions of use, the User must renounce access to the services offered by the Solution. 

The user must:

• keep their login credentials confidential;

• use the website in accordance with its intended purpose;

• not attempt to interfere with the proper functioning of the website.

Any use not expressly authorized by SoWeSoft is unlawful, in accordance with Article L.122-6 of the French Intellectual Property Code.

In particular, the Client is prohibited from:

• using the Solution or Documentation in any way whatsoever for the purpose of designing, creating, distributing, or marketing software or similar, equivalent, or substitute software;

• making the Solution or Documentation available, directly or indirectly, to any third party, including by rental, transfer, or loan, even free of charge, or entrusting it to any service provider as part of an outsourcing arrangement, unless prior written consent has been obtained from SoWeSoft;

• using the Solution for any processing not authorized by SoWeSoft.

Free-text comment area

Data entered in free-text fields must be adequate, relevant, and limited to what is necessary for its purpose, namely: responding to requests related to a training action or to the training of a trainee, or making a report.

Any personal assessment or value judgment should be avoided, as well as any comment relating to a person’s behavior or character traits.

Information concerning you or other persons must not include data relating to health, religion, political, trade union or philosophical opinions, ethnic origins, sanctions or convictions, nor sensitive personal data such as a national identification number.

SoWeSoft cannot be held responsible for any sensitive personal information entered in these free-text fields, in particular in the event of disclosure following a data incident.

Please note that comments may be transmitted to the persons concerned. For any information regarding your personal data, you may contact your provider’s DPO.

SoWeSoft declares that it holds all intellectual property rights.

The right of use granted by SoWeSoft does not result in any transfer of intellectual property rights to the Client.

Consequently, the Client is prohibited from any act that could directly or indirectly infringe on SoWeSoft’ rights to the Software, which is notably protected by the Intellectual Property Code.

SoWeSoft involves the processing of personal data. This processing is subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which came into force on 25 May 2018 (known as the "European Data Protection Regulation", RGPD); and the French Data Protection Act no. 78-17 of 6 January 1978, as amended. 

This data is processed, stored and secured under the conditions specified in the data protection policy. 

Please refer to point 4, "Acceptance of these Terms of Use."

Disputes and appeals arising therefrom concerning the content of the Solution and its use, as well as the interpretation of these General Terms and Conditions of Use (GTCU), shall be settled exclusively by the competent French courts. 

As the data controller, the funder processes your data for the purpose of managing professional training programs. This includes data management, digital attendance tracking, monitoring, control, and evaluation of training programs, as well as institutional communication.

You have the right to access, rectify, delete, and object to the processing of your data, as well as the right to restrict processing. To learn more about how your personal data is managed and to exercise your rights, please refer to your funder’s Privacy Policy.